74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 833
House Bill 2255
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Commissioner of the Bureau
of Labor and Industries Dan Gardner)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Makes discrimination against employee for taking wage-related
actions unlawful employment practice. Permits aggrieved person to
file civil action or complaint with Commissioner of Bureau of
Labor and Industries. Provides remedies.
A BILL FOR AN ACT
Relating to employment discrimination based on employee taking
wage-related actions; creating new provisions; and amending ORS
652.355, 653.060 and 659A.885.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 652.355 is amended to read:
652.355. (1) { - No employer shall - } { + An employer may
not + } discharge or in any other manner discriminate against
{ - any - } { + an + } employee because:
(a) The employee has made a wage claim or discussed, inquired
about or consulted an attorney or agency about a wage claim.
(b) The employee has caused to be instituted any proceedings
under or related to ORS 652.310 to 652.414.
(c) The employee has testified or is about to testify in any
such proceedings.
{ - (2) Any person who discharges or discriminates against an
employee in violation of subsection (1) of this section shall be
liable to the employee discharged or discriminated against for
actual damages or $200, whichever is greater. In any action under
this subsection, the court may award to the prevailing party, in
addition to costs and disbursements, reasonable attorney
fees. - }
{ + (2) A violation of this section is an unlawful employment
practice under ORS chapter 659A. A person unlawfully
discriminated against under this section may file a complaint
under ORS 659A.820 with the Commissioner of the Bureau of Labor
and Industries. + }
SECTION 2. ORS 653.060 is amended to read:
653.060. { + (1) + } { - No employer shall - } { + An
employer may not + } discharge or in any other manner
discriminate against { - any - } { + an + } employee
{ + because + }:
{ - (1) - } { + (a) + } { - Because - } The employee has
made complaint that the employee has not been paid wages in
accordance with ORS 653.010 to 653.261.
{ - (2) - } { + (b) + } { - Because - } The employee has
caused to be instituted or is about to cause to be instituted any
proceedings under or related to ORS 653.010 to 653.261.
{ - (3) - } { + (c) + } { - Because - } The employee has
testified or is about to testify in any such proceedings.
{ + (2) A violation of this section is an unlawful employment
practice under ORS chapter 659A. A person unlawfully
discriminated against under this section may file a complaint
under ORS 659A.820 with the Commissioner of the Bureau of Labor
and Industries. + }
SECTION 3. ORS 659A.885 is amended to read:
659A.885. (1) Any individual claiming to be aggrieved by an
unlawful practice specified in subsection (2) of this section may
file a civil action in circuit court. In any action under this
subsection, the court may order injunctive relief and such other
equitable relief as may be appropriate, including but not limited
to reinstatement or the hiring of employees with or without back
pay. A court may order back pay in an action under this
subsection only for the two-year period immediately preceding the
filing of a complaint under ORS 659A.820 with the Commissioner of
the Bureau of Labor and Industries, or if a complaint was not
filed before the action was commenced, the two-year period
immediately preceding the filing of the action. In any action
under this subsection, the court may allow the prevailing party
costs and reasonable attorney fees at trial and on appeal. Except
as provided in subsection (3) of this section:
(a) The judge shall determine the facts in an action under this
subsection; and
(b) Upon any appeal of a judgment in an action under this
subsection, the appellate court shall review the judgment
pursuant to the standard established by ORS 19.415 (3).
(2) An action may be brought under subsection (1) of this
section alleging a violation of ORS 25.337, 25.424, 171.120,
399.235, 476.574, { + 652.355, 653.060, + } 659A.030, 659A.040,
659A.043, 659A.046, 659A.063, 659A.069, 659A.100 to 659A.145,
659A.150 to 659A.186, 659A.194, 659A.203, 659A.218, 659A.230,
659A.233, 659A.236, 659A.250 to 659A.262, 659A.300, 659A.306,
659A.309, 659A.315, 659A.318 or 659A.421 (1) or (3).
(3) In any action under subsection (1) of this section alleging
a violation of ORS 25.337, 25.424, 659A.040, 659A.043, 659A.046,
659A.069, 659A.100 to 659A.145, 659A.230, 659A.250 to 659A.262,
659A.318 or 659A.421 (1) or (3):
(a) The court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory damages or
$200, whichever is greater, and punitive damages;
(b) At the request of any party, the action shall be tried to a
jury;
(c) Upon appeal of any judgment finding a violation, the
appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1); and
(d) Any attorney fee agreement shall be subject to approval by
the court.
{ + (4) In any action under subsection (1) of this section
alleging a violation of ORS 652.355 or 653.060, the court may
award, in addition to the relief authorized under subsection (1)
of this section, compensatory damages or $200, whichever is
greater. + }
{ - (4) - } { + (5) + } In any action under subsection (1)
of this section alleging a violation of ORS 171.120, 476.574,
659A.203 or 659A.218, the court may award, in addition to the
relief authorized under subsection (1) of this section,
compensatory damages or $250, whichever is greater.
{ - (5) - } { + (6) + } Any individual against whom any
distinction, discrimination or restriction on account of race,
color, religion, sex, national origin, marital status or age, if
the individual is 18 years of age or older, has been made by any
place of public accommodation, as defined in ORS 659A.400, by any
person acting on behalf of { - such - } { + the + } place or
by any person aiding or abetting
{ - such - } { + the + } place or person in violation of ORS
659A.406 may bring an action against the operator or manager of
{ - such - } { + the + } place, the employee or person acting
on behalf of { - such - } { + the + } place or the aider or
abettor of { - such - } { + the + } place or person.
Notwithstanding subsection (1) of this section, in an action
under this subsection:
(a) The court may award, in addition to the relief authorized
under subsection (1) of this section, compensatory and punitive
damages;
(b) The operator or manager of the place of public
accommodation, the employee or person acting on behalf of the
place, and any aider or abettor shall be jointly and severally
liable for all damages awarded in the action;
(c) At the request of any party, the action shall be tried to a
jury;
(d) The court shall award reasonable attorney fees to a
prevailing plaintiff;
(e) The court may award reasonable attorney fees and expert
witness fees incurred by a defendant who prevails only if the
court determines that the plaintiff had no objectively reasonable
basis for asserting a claim or no reasonable basis for appealing
an adverse decision of a trial court; and
(f) Upon any appeal of a judgment under this subsection, the
appellate court shall review the judgment pursuant to the
standard established by ORS 19.415 (1).
SECTION 4. { + The amendments to ORS 652.355, 653.060 and
659A.885 by sections 1 to 3 of this 2007 Act apply only to
discriminatory acts occurring on or after the effective date of
this 2007 Act. + }
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